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I was served a three day notice letter yesterday and I

I was served a...

I was served a three day notice letter yesterday and I should be able to pay the month by the 19th as the paper states, but my question is as follows: my landlord told me over the phone on Jan. 9th that she wants me out by the end of the month and I am actively looking for a place which is why I figured that if this was the case I would technically be living out my last month of rent and maybe go over a few days, but I never got notice from her in writing. If I pay this months rent, doesn't she technically have to give me until the end of February and also let me know in writing that she wants me to move out? We are on a month to month for almost three years now and I am not sure what is what now. Please help.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page. Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No lease anymore, just month to month for almost three years now. The landlord has never painted or replaced the carpet in the four years that I have been here. I bothered her very little with repair issues.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing that I can think of

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Answered in 2 minutes by:
1/17/2018
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,242
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The short answer is yes, you're right. I'll elaborate below.

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Customer reply replied 4 months ago
Hi Lucy, sorry but I don't see any additional information.

Florida Statutes, Section 83.57 provides that a month to month lease may be terminated by giving written notice at least 15 days prior to the end of the month. A phone call on Jan. 9 isn't sufficient. She could give you notice now, but that would give you a right to stay through the end of February. You would then be able to use your last month's rent to pay for February.

A three day notice gives the tenant the option to pay any outstanding rent and remain on the premises. So if you pay now, you don't have to move out at the end of the month. If you want to move, you can ask the landlord to use your last month's rent to pay for January. The problem is, you're also obligated to give 15 days written notice. So the landlord could still hold you responsible for February's rent if you move out on January 31.

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Customer reply replied 4 months ago
She had an attorney draw up this letter and I was reading what information is required to be on there, but I notice that her name, address and phone number are missing. Does this by any chance make this 3 day notice letter invalid?

It's not automatically invalid. The law says that the notice has to comply substantially with what's in Section 83.56, which does include places for the landlord's name, address, and phone number. If the lawyer's information is on the letter, that's going to be considered substantial compliance. If not, you can dispute the notice.

However, under Section 83.60, you're not allowed to assert that as a defense without first paying the rent into the court. But if you have the rent, you could pay the landlord directly and avoid going to court.

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Customer reply replied 4 months ago
Ok, so I should be sure to pay the rent by the 19th to avoid any eviction and I then send a certified letter to the landlord advising her that I would like to move out by the end of February and that I would like to use my last month's payment that I originally made when we had a 12 month lease 4 years ago as payment. Does that sound about right?

Exactly right.

Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,242
Experience: Attorney
Verified
Lucy, Esq. and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 4 months ago
Thanks a million Lucy!

You're welcome!

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Mobile users may have to scroll to the right. Thank you.

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Category: Landlord-Tenant
Satisfied Customers: 32,242
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